Opal Packaging Australia Pty Ltd T/A Opal Paper & Recycling
[2022] FWCA 3510
•10 OCTOBER 2022
| [2022] FWCA 3510 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Opal Packaging Australia Pty Ltd T/A Opal Paper & Recycling
(AG2022/4123)
Opal Paper Botany – B9 Machine – Enterprise Agreement 2022
| Timber and paper products industry | |
| DEPUTY PRESIDENT DOBSON | SYDNEY, 10 OCTOBER 2022 |
Application for approval of the Opal Paper Botany – B9 Machine – Enterprise Agreement 2022.
Opal Packaging Australia Pty Ltd T/A Opal Paper & Recycling (the Employer) has made an application for the approval of the Opal Paper Botany – B9 Machine – Enterprise Agreement 2022 (the Agreement). The application was made under s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.
I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.
I note that Clause 14.2(c) – Work arrangements and Clause 28(d)(i) – Annualised salary Arrangement are potentially inconsistent with the National Employment Standards (NES). Noting the NES Precedence clause at 5(d), I am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.
The Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) was a bargaining representative for the Agreement and has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the CFMMEU.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 17 October 2022. The nominal expiry date of the Agreement is 30 June 2025.
DEPUTY PRESIDENT
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